Nifong v. SOC, LLC

Filing 24

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 06/02/2016. (mpha)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

KENLYB. NIFONG,
Plaintiff,
Case No. l;16-cv-63
V.

SOC, LLC,
Defendant.

MEMORANDUM OPINION

In this retaliation action, plaintiff alleges that defendant, a federal contractor and

plaintiffs former employer, took adverse actions against plaintiff, including the termination of

plaintiffs employment, in retaliation for plaintiffs reporting of defendant's practice of
designating employees at pay grades higher than warranted for the duties performed in order to

bill the government at a higher rate. Specifically, plaintiff alleges two claims against defendant:
(i) a False Claims Act ("FCA") retaliation claim pursuant to 31 U.S.C. § 3730(h), and (ii) a
National Defense Authorization Act ("NDAA") reprisal claim pursuant to 41 U.S.C. § 4712.
Defendant has moved to dismiss both claims for failure to state a claim. As the matter has been

fiilly briefed and argued orally, it is now ripe for disposition.

Plaintiff Kenly B. Nifong, a resident of Florida, is a former employee of defendant SOC,
LLC, a government contractor that provides services at U.S. Department of State ("DOS")
facilities around the world, including Baghdad, Iraq.

^The facts stated here are derived from the complaint and "documents incorporated into the
complaint by reference," as is appropriate on a motion to dismiss. Tellabs, Inc. v. Makor Issues
iSc Rights, Ltd., 551 U.S. 308, 322 (2007).
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